Terms and Conditions
Terms of sale (applicable to online purchases from safeguardstore.co.uk only)
Please read these terms of sale carefully.
You will be asked to expressly agree to these terms of sale before you place an order for products from our website.
In these terms of sale, "we" means Safeguard Europe Limited and "us" and "our" will be construed accordingly; and "you" means our customer or potential customer for products (and "your" will be construed accordingly).
(3) Order Process
The advertising of products on our website constitutes an "invitation to treat"; and your order for products constitutes a contractual offer. No contract will come into force between you and us unless and until we accept your order in accordance with the procedure detailed below.
In order to enter into a contract to purchase products from us, you will need to take the following steps: describe different technical steps to follow to conclude contract - e.g.: "(i) you must add the products you wish to purchase to your shopping cart, and then proceed to the checkout; (ii) once you are on the checkout page, you must select your preferred payment method and confirm your order and your consent to these terms of sale; (iii) you will be transferred to the PayPal or Google Checkout website, and PayPal or Google Checkout will handle your payment; (iv) we will then send you an initial acknowledgement; and (v) once we have checked whether we are able to meet your order, we will either send you an order confirmation (at which point your order will become a binding contract) or we will confirm by email that we are unable to meet your order."
We will not file a copy of these terms of sale specifically in relation to your order. We may update the version of these terms of sale on the website from time to time, and we do not guarantee that the version you have agreed to will remain accessible. We therefore recommend that you download, print and retain a copy of these terms of sale for your records.
The only language in which we provide these terms of sale is English.
Before you place your order, you will have the opportunity of identifying whether you have made any input errors by reviewing your order on the checkout page. You may correct those input errors before placing your order by amending product quantities.
(4) The Products
All products listed within www.safeguardstore.co.uk website only
(5) Price and Payment
Prices for products are quoted on our website. The website contains a large number of products and it is always possible that some of the prices on the website may be incorrect. We will verify prices as part of our sale procedures so that a product's correct price will be stated when you pay for the product.
In addition to the price of the products, you will have to pay a delivery charge, which will be as stated when you pay for the product.
Payment must be made upon the submission of your order. We may withhold the products and/or cancel the contract between us if the price is not received from you in full in cleared funds.
The prices on the website exclude all value added taxes and carriage.
Payment for all products must be made by credit card or any method detailed on the website from time to time.
Prices for products are liable to change at any time, but changes will not affect contracts which have come into force.
(6) Your Warranties
You warrant to us that:
(a) you are legally capable of entering into binding contracts, and you have full authority, power and capacity to agree to these terms of sale;
(b) the information provided in your order is accurate and complete; and
(c) you will be able to accept delivery of the products.
(7) Delivery Policy
We will arrange for the products to be delivered to the registered cardholder address only.
We will use reasonable endeavours to deliver products on or before the date for delivery set out in our order confirmation or, if no date is set out in our order confirmation, within 3 working days of the date of our order confirmation. However, we cannot guarantee delivery by the relevant date. We do however guarantee that unless there are exceptional circumstances all deliveries of products will be dispatched as follows:
Orders received Monday to Friday before 1pm will be despatched the same working day. Orders received after 1pm Friday through to Sunday will be despatched on the following Monday on a next day service.
We will only deliver products within mainland UK.
(8) Risk and Ownership
The products will be at your risk from the time of delivery. Ownership of the products will only pass to you upon the later of:
(a) delivery of the products; and
(b) receipt by us of full payment of all sums due in respect of the products (including delivery charges).
Until ownership of the products has passed to you, you will possess the products as our fiduciary agent and bailee, and if you are a business customer you must store the products separately from other goods and ensure that the products are clearly identifiable as belonging to us.
We will be entitled to recover payment for the products even where ownership has not passed to you.
(9) Cancellation and Returns Policy
Please refer to our separate cancellation and returns policy (below).
(10) Statutory Rights
If you are a consumer, any statutory rights which you have, which cannot be excluded or limited, will not be affected by the terms of sale.
Please refer to our separate returns policy.
(12) Force Majeure
In this Section and Section 13 below, "force majeure event" means:
(a) any event which is beyond our reasonable control;
(b) the unavailability of raw materials, components or products; and/or
(c) power failure, industrial disputes affecting any third party, governmental regulations, fires, floods, disasters, civil riots, terrorist attacks or wars.
Where a force majeure event gives rise to a failure or delay in us performing our obligations under these terms of sale, those obligations will be suspended for the duration of the force majeure event.
If we become aware of a force majeure event which gives rise to, or which is likely to give rise to, any failure or delay in us performing our obligations under these terms of sale, we will notify you forthwith.
We will take reasonable steps to mitigate the effects of the any force majeure event.
(13) Limitations and exclusions of liability
Nothing in the terms of sale will: (a) limit or exclude the liability of a party for death or personal injury resulting from negligence; (b) limit or exclude the liability of a party for fraud or fraudulent misrepresentation by that party; (c) limit any liability of a party in any way that is not permitted under applicable law; or (d) exclude any liability of a party that may not be excluded under applicable law. If you are a consumer, any statutory rights which you have, which cannot be excluded or limited, will not be affected by the terms of sale.
The limitations and exclusions of liability set out in this Section and elsewhere in the terms of sale: (a) are subject to the preceding paragraph; (b) govern all liabilities arising under the terms of sale or in relation to the subject matter of the terms of sale, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
We will not be liable to you in respect of any losses arising out of a force majeure event.
We will not be liable to you in respect of any business losses, such as loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
(14) Contract cancellation
We may cancel a contract to supply products made under these terms of sale immediately by written notice to you if you fail to pay, on time and in full, any amount due to us under the contract, or commit any material breach of your obligations to us under the contract.
If you are a business customer, we may cancel a contract to supply products made under these terms of sale if:
(a) you cease to trade;
(b) you become insolvent or unable to pay your debts within the meaning of the insolvency legislation applicable to you;
(c) a person (including the holder of a charge or other security interest) is appointed to manage or take control of the whole or part of your business or assets, or notice of an intention to appoint such a person is given or documents relating to such an appointment are filed with any court;
(d) the ability of your creditors to take any action to enforce their debts is suspended, restricted or prevented, or some or all of your creditors accept, by agreement or pursuant to a court order, an amount of less than the sums owing to them in satisfaction of those sums; or
(e) any process is instituted which could lead to you being dissolved and your assets being distributed to your creditors, shareholders or other contributors (other than for the purposes of solvent amalgamation or reconstruction).
(15) Consequences of Cancellation
Upon the cancellation of a contract in accordance with Section 14:
(a) we will cease to have any obligation to deliver products which are undelivered at the date of cancellation;
(b) you will continue to have an obligation where applicable to pay for products which have been delivered at the date of cancellation (without prejudice to any right we may have to recover the products); and
(c) all the other provisions of these terms of sale will cease to have effect, except that Sections [8, 11, 12, 15, 16, 18 and 20] will survive termination and have effect indefinitely.
(16) Scope of These Terms of Sale
These terms of sale do not constitute or contain any assignment or licence of any intellectual property rights, do not govern the licensing of works (including software and literary works) comprised or stored in products, and do not govern the provision of any services by us or any third party in relation to the products.
(17) General Terms
Contracts under these terms of sale may only be varied by an instrument in writing signed by both you and us. We may revise these terms of sale from time-to-time, but such revisions will not affect the terms of any contracts which we have entered into with you.
If any provision of these terms of sale is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect, and such invalid or unenforceable provisions or portion thereof will be deemed omitted.
No waiver of any provision of these terms of sale, whether by conduct or otherwise, in any one or more instances, will be deemed to be, or be construed as, a further or continuing waiver of that provision or any other provision of these terms of sale.
You may not assign, charge, sub-contract or otherwise transfer any of your rights or obligations arising under these terms of sale. Any attempt by you to do so will be null and void. We may assign, charge, sub-contract or otherwise transfer any of our rights or obligations arising under these terms of sale, at any time - providing where you are a consumer that such action does not serve to reduce the guarantees benefiting you under these terms of sale.
Each contract under these terms of sale is made for the benefit of the parties to it and is not intended to benefit, or be enforceable by, any other person. The right of the parties to terminate, rescind, or agree any amendment, variation, waiver or settlement under such contracts is not subject to the consent of any person who is not a party to the relevant contract.
Subject to the first paragraph of Section 13: these terms of sale contain the entire agreement and understanding of the parties in relation to the purchase of products from our website, and supersede all previous agreements and understandings between the parties in relation to the purchase of products from our website; and each party acknowledges that no representations not expressly contained in these terms of sale have been made by or on behalf of the other party in relation to the purchase of products from our website.
These terms of sale will be governed by and construed in accordance with English law, and the courts of England and Wales will have non-exclusive jurisdiction to adjudicate any dispute arising under or in relation to these terms of sale.
Cancellation and returns Policy for safeguardstore.co.uk
We understand that from time to time you may wish to cancel an order or return a product to us.
We have created this cancellation and returns policy to enable you to cancel orders or return products to us in appropriate circumstances.
This policy does not affect any statutory rights you may have (such as consumer rights under the Consumer Protection (Distance Selling) Regulations 2000).
You can cancel an order and return any goods that may already have been dispatched up to 14 days from invoice of the goods (see returns policy, below). Our terms and conditions do not affect your statutory rights.
Where you have no other legal right to return a product and receive a refund or exchange, then you will nonetheless be entitled to return a product to us where:
(a) we receive the returned product within 14 days following the date of invoice of the product;
(b) the returned product is unused, in its original [unopened] packaging with any seal or shrink-wrap intact, with any labels still attached, and otherwise in a condition enabling us to sell the product as new;
(c) you comply with the returns procedure set out below; and
(d) none of the exclusions set out below apply.
(3) Returns procedure
In order to take advantage of your rights under this returns policy, you must:
Notify us within 7 working days of receipt of the order of your request to return the goods and the reason why. If the initial communication is verbal, it must be followed up in writing, by fax or email, in order to validate the return with the communication clearly dated.
Products returned under this policy must be sent [by recorded delivery] to:
Safeguard Europe Limited,
Unit 2 Redkiln Close,
[You will be responsible for paying postage costs and insurance associated with returns under this policy. Goods not returned to us in an acceptable state for resale will not be refunded]
Alternatively, we will arrange to have a courier collect the goods from your premises. You will be charged according to the weight and dimensions of the goods for the collection. Our customer service staff will inform you what this price will be.
We will send you a refund for the full price of any product properly returned by you in accordance with the terms of this returns policy less the costs of returning the product to us.
We will usually refund any money received from you using the same method originally used by you to pay for your purchase. We will only issue refunds to the named individual who made the original purchase.
We will process the refund due to you as soon as possible and, in any event, within 30 days of the day we received your returned product.
(5) Improper Returns
Where you return a product in contravention of this policy (and where you do not have any other legal right to return the product):
(a) we will not refund or exchange the product;
(b) we may retain the returned product until you pay to us such additional amount as we may charge for re-delivery of the returned product; and
(c) if we do not receive payment of such additional amount within 14 days of issuing a request for payment, we may destroy or otherwise dispose of the returned product in our sole discretion without any liability to you.
We are committed to safeguarding the privacy of our website visitors; this policy sets out how we will treat your personal information.
(1) What Information do we Collect?
We may collect, store and use the following kinds of personal information:
(a) information about your computer and about your visits to and use of this website (including your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views, and website navigation;
(b) information relating to any transactions carried out between you and us on or in relation to this website, including information relating to any purchases you make of our goods or services;
(c) information that you provide to us for the purpose of registering with us;
(d) information that you provide to us for the purpose of subscribing to our website services, email notifications and/or newsletters;
(e) any other information that you choose to send to us;
A cookie consists of information sent by a web server to a web browser, and stored by the browser. The information is then sent back to the server each time the browser requests a page from the server. This enables the web server to identify and track the web browser.
We may use both "session" cookies and "persistent" cookies on the website. We will use the session cookies to: keep track of you whilst you navigate the website; and other uses. We will use the persistent cookies to: enable our website to recognise you when you visit; and other uses.
Our payment services providers may also send you cookies.
Most browsers allow you to reject all cookies, whilst some browsers allow you to reject just third party cookies. For example, in Internet Explorer you can refuse all cookies by clicking "Tools", "Internet Options", "Privacy", and selecting "Block all cookies" using the sliding selector. Blocking all cookies will, however, have a negative impact upon the usability of many websites, including this one.
(3) Using your personal information
We may use your personal information to:
(a) administer the website;
(b) improve your browsing experience by personalising the website;
(c) enable your use of the services available on the website;
(d) send to you goods purchased via the website, and supply to you services purchased via the website;
(e) send statements and invoices to you, and collect payments from you;
(f) send you general (non-marketing) commercial communications;
(g) send you email notifications which you have specifically requested;
(h) send to you our newsletter and other marketing communications relating to our business which we think may be of interest to you by post or, where you have specifically agreed to this, by email or similar technology (you can inform us at any time if you no longer require marketing communications);
(i) provide third parties with statistical information about our users - but this information will not be used to identify any individual user;
(j) deal with enquiries and complaints made by or about you relating to the website; and
(k) Provide your details to specialist product applicators when you have requested us to do so through our "contractor enquiry" form
(l) Respond to technical questions that you may have asked us via the website
In addition, we may disclose your personal information:
(a) to the extent that we are required to do so by law;
(b) in connection with any legal proceedings or prospective legal proceedings;
(c) in order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk);
(d) to the purchaser (or prospective purchaser) of any business or asset which we are (or are contemplating) selling; and
(e) to any person who we reasonably believe may apply to a court or other competent authority for disclosure of that personal information where, in our reasonable opinion, such court or authority would be reasonably likely to order disclosure of that personal information.
(5) International Data Transfers
Information which you provide may be transferred to countries which do not have data protection laws equivalent to those in force in the European Economic Area.
You expressly agree to such transfers of personal information.
(6) Security of Your Personal Information
We will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information.
We will store all the personal information you provide on our secure (password and firewall protected) servers. All electronic transactions you make to or receive from us will be encrypted using SSL technology.
Of course, data transmission over the internet is inherently insecure, and we cannot guarantee the security of data sent over the internet.
(7) Policy Amendments
(8) Your Rights
You may instruct us to provide you with any personal information we hold about you. Provision of such information will be subject to:
(a) the payment of a fee (currently fixed at £10.00); and
(b) the supply of appropriate evidence of your identity (for this purpose, we will usually accept a photocopy of your passport certified by a solicitor or bank plus an original copy of a utility bill showing your current address).
We may withhold such personal information to the extent permitted by law.
You may instruct us not to process your personal information for marketing purposes by email at any time. In practice, you will usually either expressly agree in advance to our use of your personal information for marketing purposes, or we will provide you with an opportunity to opt-out of the use of your personal information for marketing purposes.
(9) Third party websites
The website contains links to other websites. We are not responsible for the privacy policies or practices of third party websites.
(10) Updating information
Please let us know if the personal information which we hold about you needs to be corrected or updated.
Our full name is Safeguard Europe Limited.
Our registered office and principal trading address is Unit 2 Redkiln Close, Redkiln Way, Horsham, West Sussex, RH13 5QL.
Our company registration number is 01721203.
Our email address is [email protected]
Our VAT number is GB 376 8984 74.